INDEPENDENT ASSOCIATE AGREEMENT:
THIS AGREEMENT, by and between IRST-EDCOM Pvt. Ltd.™ Orissa, India, a Multilevel Marketing Company (Direct Selling Company ) (hereafter “EV” or “IRST-EDCOM Pvt. Ltd.™”) and/or its assigns, and the Associate named on an original submission through IRST-EDCOM’s website of a IRST-EDCOM Pvt. Ltd.™ Subscriber/Associate Registration Form subsequent to enrolling as a Subscriber with IRST-EDCOM Pvt. Ltd.™ (hereafter “Associate”) .
WHEREAS, IRST-EDCOM is a valid Limited Network Marketing (Direct Selling ) Company registered in the State of Odisha, and
WHEREAS, IRST-EDCOM Pvt. Ltd. is a company engaged in the Digital Transformation of Education and spreading e – learning awareness in the young mass and other segments of the society by its “Learn Smart & Earn More” Program (“LSEM” program), plus provides additional Offline assistance to those who need face to face guidance and certificate after online study only at certification cost in some specified courses and up to 50 % discount in other courses, and other Internet-based services, and is in need of a domestic as well as an international opt-in list of Associate and Users to which its services can be provided, and
WHEREAS, IRST-EDCOM is in need of Independent Associates to sell “LSEM” program (Service Packages-Student Packages / Premium Package / Exclusive Package Sales) &other products to its consumers through mobile marketing, advertisement in various platform and promotional services through direct selling channel. For marketing, promotion & sale of the goods/services (Service Packages-Student Packages / Premium Package/ Exclusive Package Sales) designed by IRST-EDCOM Private Limited mostly “Direct Selling” platform is given priority, as it’s a flourishing, unique & legal channel for sales & advertisement .
WHEREAS, IRST-EDCOM Associate (The Direct Seller ) is a natural person or current and legally registered entity within the India or other country in which IRST-EDCOM is legally authorized to do business, with proper Direct selling agreement with IRST-EDCOM Private Limited (Direct Selling Entity , who authorizes the direct seller ) that desires to perform those services as enumerated below,
NOW THEREFORE, in consideration of the mutual covenants, terms, obligations, commission and/or bonus payments made to the Associate as contained herein, the receipt and adequacy of which are hereby acknowledged to be sufficient, the Parties hereto agree as follows:
- Definition of Terms: The following definition of terms applies to this Agreement:
- Sales Incentive Plan or Sales Plan: A plan by which IRST-EDCOM Pvt. Ltd. (Direct selling Entity ) will share a part of its sales profit to its Associates / Direct sellers for effective sales of goods / services /packages as per the Contract between both the parties (Direct seller & Direct selling Entity, i.e IRST-EDCOM Pvt. Ltd. ) .
- Creating new IRST-EDCOM Associates by explaining benefits of (Service Packages- Student Packages/ Premium Packages/ Exclusive Package Sales) by showing them company’s website, brochures, introducing them with company support staff to get proper information about PACKAGE & PRODUCT BENEFITS.
- Supply necessary information to the associate and the dependants about the direct seller name, address, identity and telephone no etc.
- Guiding the Associates about the order date of the package, total amount to be paid in details, along with billing and receipt system. Also how & where to avail the services provided in the package. Demonstrate them the services/facilities in the packages sold by the Company.
- Selling various Packages & services provided by the Company, and training the willful Associates to perform the duties as a direct seller under the contract of IRST-EDCOM.
- Providing a system of rules administered by an automated online system that pays Associates with Commissions, Incentive, Bonuses and other compensation based upon the results of their performance and sale of packages.
- Explain the Associate about the cancellation policy of the company in details.
- Educate the associate about the process of cancellation of subscription, return of products in salable condition, time period for cancellation.
- Provide the subscriber adequate knowledge about the refund policy, time taken for refund, and other necessary information about refund.
Incentive : A payment to the Associate (Direct Seller) defined as a percentage of the profit out of the amount paid by IRST-EDCOM Associate together with the requirements needed to qualify for receipt of such payment(s), as defined by the Sales Plan policies as currently posted on the IRST-EDCOM website.
- Point Value (“PV”): This is the value of any package, item or service we sell, against which the commission or incentives are calculated. It is always less than 100% of the selling price in each payout, here P.V is not equal to incentive.
- Integration of Agreements: The definitions, terms and conditions cited in the IRST-EDCOM Pvt. Ltd. Associate Agreement are hereby incorporated into this Agreement as if fully set forth herein.
- Conflict of Terms: The Parties hereto agree that any conflicts between identical or substantially similar definitions, terms and conditions within these two separate agreements are resolved by the terms of this Agreement, which the Parties agree are controlling for purposes of this Independent Associate Agreement.
- This Agreement Executed Exclusively With IRST-EDCOM: The Associate hereby acknowledges, understands and agrees that this Independent Associate Agreement is executed by and between IRST-EDCOM and the Associate unless assigned to a third party by IRST-EDCOM. In the event of assignment hereunder, the Associate recognizes and understands that IRST-EDCOM Pvt. Ltd.™ and its assigns are separate and distinct companies with different ownership and functions.
- Assignment: IRST-EDCOM may from time to time assign its duties and responsibilities hereunder to a third party entity to execute the terms and conditions hereunder. In the event of such assignment, IRST-EDCOM agrees to notify Associate by posting such notice on the company’s website under its Policies and Procedures. From the date of such posting, the Subscriber understands, agrees and acknowledges that all terms and conditions of this Agreement shall inure to such assigned entity and that from the assignment date until further notice to the contrary by IRST-EDCOM, the Subscriber’s agreement shall be by and between the Subscriber and such entity. This Agreement may not be assigned by the Associate to any other party without the express written consent of IRST-EDCOM or its assigns.
- Release and Indemnification of IRST-EDCOM Pvt. Ltd.: In the event of assignment hereunder by IRST-EDCOM, any and all claims with respect to commissions, bonuses, payments of any kind or nature, or controversies of any kind or nature, which may arise under this Agreement, shall be resolved exclusively by and between the Associate and IRST-EDCOM’s assignee and not between the Associate and IRST-EDCOM Pvt. Ltd.™. Neither shall IRST-EDCOM Pvt. Ltd.™ be made a party to any such dispute. The Associate hereby certifies that, upon assignment hereunder, he/she/it shall have no legally binding agreement with IRST-EDCOM Pvt. Ltd. and as such, hereby:
- Indemnifies IRST-EDCOM Pvt. Ltd. from any acts and/or omissions of the Associate in connection with IRST-EDCOM Pvt. Ltd.™’s business.
- Forever releases IRST-EDCOM Pvt. Ltd. from any claim or liability whatsoever, which Associate may assert with regard to any aspect of IRST-EDCOM Pvt. Ltd.™’s business, property or assets, service, performance, act, omission, failure to act, and also
- Releases IRST-EDCOM Pvt. Ltd. from any claim or controversy whatsoever relative to any other issue with regard to IRST-EDCOM Pvt. Ltd.’s service, the Sales Plan, Client sales or issues, and
- Forever releases IRST-EDCOM Pvt. Ltd. from any liability whatsoever of any other claims related to any other issue between the Associate and IRST-EDCOM Pvt. Ltd., whether or not such claim or issue is related to IRST-EDCOM Pvt. Ltd.’s business, whether prior to, during the term of, or subsequent to the execution of and term of this Agreement
- Not withstanding the foregoing releases of liability by the Associate of IRST-EDCOM Pvt. Ltd., the Associate specifically understands and agrees that he/she/it remains responsible for his/her/its conduct with respect to duties, acts and omissions under this Agreement to both IRST-EDCOM and to IRST-EDCOM’s assigns.
IRST-EDCOM private limited do not force any of its acossiates/subscriber/consumer to promote its business without their will. A subscribers / consumers is the person who purchase IRST-EDCOM’s (Service Packages-Student Packages/Premium Package/Exclusive Package Sales) for their own use or for the dependants. If any subscriber / consumer wants to promote/sale Service packages of IRST-EDCOM Pvt. Ltd., then it is his/her own choice to be a direct seller, as IRST-EDCOM has a OPTIONAL BUSINESS PACKAGE for its subscriber. Willing subscriber / consumer need to provide all there document (PAN CARD, ADHAAR CARD, ADDRESS PROOF) & should make a legal & valid agreement with IRST-EDCOM Pvt. Ltd. (Direct Selling Entity) before entering to Direct Selling Industry as a DIRECT SELLER.
- Responsibilities of the Associate: The Associate hereby agrees to the following duties, obligations, representations and responsibilities:
- The Associate is a natural person age 18 or older, or is a validly existing legal entity with the person executing this agreement having full legal authority to act on behalf of said entity. If minor then the registration forms are duly signed by the legal guardian.
- The Associate will explain IRST-EDCOM’s Associateship, Client benefits and Associate Sales Plan opportunity thoroughly, without misrepresentation and truthfully answer any questions posed by prospective Associate, Clients and Associates, making only those claims and representations as are found in writing and posted on IRST-EDCOM’s official website.
- To adhere to all IRST-EDCOM company policies, as updated from time to time by IRST-EDCOM and posted on IRST-EDCOM’s website. The Associate hereby agrees that all such policies are hereby made a part of this Agreement as if fully set forth within this document. The Associate further agrees to abide by any and all modifications, additions or deletions to such policies as they are posted on IRST-EDCOM’s website.
- To utilize his/her/its best efforts to promote IRST-EDCOM’s services to others and enroll sufficient Associate, Clients and Associates to enable Associate to meet Associate’s minimum requirements according to current IRST-EDCOM policy in order to qualify for commissions and/or bonuses.
- To adhere to all federal, state and local laws and regulations with regard to self-employment, working from home, business opportunities, Multi-Level-Marketing or Network Marketing statutes and any other laws and/or regulations pertaining to Associate’s business activities under this Agreement.
DECLARATION (for the purchase and sale of product / services)
“I declare that I have completed 18 years of age or more. I am completely satisfied with Product & services. I have carefully read the Terms and Conditions and FAQs applicable to the Company as given on the Company website and agree/accept to those. I am signing this DECLARATION with complete understanding and with my FREE WILL, without any PRESSURE/UNDUE INFLUENCE and INDUCEMENT. I am aware that any dispute arising out of this purchase and further sales would first be solved as per Terms and Conditions of the Company, failing which could be addressed exclusively in Rourkela , Odisha jurisdiction only .